Lazar (Judgment) [2015] EUECJ C-350/14 (10 December 2015)

Lazar (Judgment) [2015] EUECJ C-350/14 (10 December 2015)

Damage suffered by close relatives of a deceased person in a road traffic accident occurring in one Member State, where those relatives reside in another Member State, must be classified as 'indirect consequences' under Article 4(1) of the Rome II Regulation. The applicable law is that of the country where the direct damage (death) occurred.

Citation
[2015] EUECJ C-350/14
Parties
Applicant: Mr Lazar; Respondent: Allianz SpA; Intervener: Mother of the victim; Intervener: Grandmother of the victim
Jurisdiction
European Union
Judgment Date
10 December 2015
Procedural Posture
Preliminary Ruling / Reference From Tribunale Di Trieste to Court of Justice of the European Union
Outcome
Preliminary ruling issued; Article 4(1) of Rome II interpreted.
Legal Topics
Rome II Regulation, Non Contractual Obligations, Applicable Law, Indirect Consequences, Road Traffic Accidents, Compensation for Relatives
Private International Law Tort Law EU Law Rome II Regulation Non Contractual Obligations Applicable Law Indirect Consequences Road Traffic Accidents +1 more

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Parties

Mr Lazar

Applicant

Allianz SpA

Respondent

Mother of the victim

Intervener

Grandmother of the victim

Intervener

Procedural Posture

Preliminary Ruling / Reference From Tribunale Di Trieste to Court of Justice of the European Union

Legal Issues

  1. 1 Whether damage suffered by close relatives of a deceased person in a road traffic accident constitutes 'damage' or 'indirect consequences' under Article 4(1) of Rome II Regulation
  2. 2 How to determine the applicable law for compensation claims by relatives residing in another Member State

Ratio Decidendi

Damage suffered by close relatives of a deceased person in a road traffic accident occurring in one Member State, where those relatives reside in another Member State, must be classified as 'indirect consequences' under Article 4(1) of the Rome II Regulation. The applicable law is that of the country where the direct damage (death) occurred.

Court Disposition

Preliminary ruling issued; Article 4(1) of Rome II interpreted.

Orders

  • Damage suffered by close relatives residing in another Member State is classified as 'indirect consequences' under Article 4(1) of Rome II Regulation.
  • The law applicable to the non-contractual obligation is that of the country where the direct damage occurred (the place of the accident).